§ 199. Widening highways; petition. When any part of a highway in any
town of this state, not in an incorporated village or city, running
between two or more villages or cities, has, because of the wearing away
by a river or stream or any other natural cause, become narrower than
the width required by statute, and is dangerous to the users of such
highway, twelve or more resident taxpayers of such town may present a
petition to the supreme court in the judicial district within which such
town is situated. The petition shall describe the part of the highway
proposed to be widened and state that such highway has become lessened
in width by the action of a river or stream or other cause, that it is
dangerous to the traveling public, that the widening and improvement of
such highway is necessary for the public convenience and welfare, that
the highway is an important leading road between two or more cities or
villages, that the cost of such widening and improvement would exceed
the sum of two thousand five hundred dollars and would be too burdensome
on the town or towns otherwise liable therefor. Such petition shall be
verified by at least three of the petitioners. On receipt of the
petition by supreme court the court shall appoint a time and place for a
meeting to hear all persons interested in the proposed widening of the
highway. The court shall examine the part of the highway proposed to be
widened, hear any reasons for or against such widening and ascertain the
probable cost of the work. If the court shall determine that the
proposed widening of the highway is necessary and that the cost thereof
would be too burdensome for the town, exceeding in probable cost two
thousand five hundred dollars, they shall notify the board of
supervisors of the county of such decision. The board of supervisors
shall thereupon cause one-half of the amount of the estimated cost to be
raised by the county and paid to the supervisor of the town or towns in
which that part of the highway proposed to be widened as aforesaid is
located, and said supervisor shall apply the sum so received by him
towards the payment of the cost of such widening. The balance of the
expense shall be raised in the manner provided by law, by the town or
towns in which that part of the highway proposed to be widened as
aforesaid is located.